Canada Agricultural Products Act (R.S.C., 1985, c. 20 (4th Supp.))

Act current to 2016-09-18 and last amended on 2015-02-26. Previous Versions

Marginal note:Not employed in the federal public administration
  •  (1) A member of the Tribunal may not be a person employed in the federal public administration.

  • Marginal note:Conflict of interest

    (2) A member of the Tribunal shall not accept or hold any office or employment that is inconsistent with the member’s duties or take part in any matter before the Tribunal in which the member has an interest.

  • 1995, c. 40, s. 29;
  • 2003, c. 22, s. 224(E).
Marginal note:Contractual assistance

 The Board may, for specific projects, enter into contracts for the services of persons having technical or specialized knowledge of any matter relating to the work of the Board to advise and assist it in the exercise of its powers or the performance of its duties and functions under this Act.

  • 1995, c. 40, s. 29;
  • 2014, c. 20, s. 449.
Marginal note:Consultations

 The members of the Board or the members of the Tribunal may consult with other members of the Board or Tribunal, as the case may be, in respect of any matter before it.

  • 1995, c. 40, s. 29.
Marginal note:Absence or incapacity of members — Board
  •  (1) Where a member of the Board is absent or unable to act or the member’s position becomes vacant, the Minister may appoint a person to act in the member’s place and, in the case of the Chairperson of the Board, the Vice-Chairperson of the Board shall act as Chairperson pending the appointment of a replacement.

  • Marginal note:Absence or incapacity of Chairperson of Tribunal

    (2) Where the Chairperson of the Tribunal is absent or unable to act or the Chairperson’s position becomes vacant, the members of the Tribunal shall designate a member of the Tribunal with the legal qualifications described in subsection 4.1(2) to act as Chairperson pending the appointment of a replacement.

  • Marginal note:Duties of Chairperson of Board

    (3) The Chairperson of the Board is the chief executive officer of the Board and shall apportion work among its members.

  • Marginal note:Duties of Chairperson of Tribunal

    (4) The Chairperson of the Tribunal shall apportion work among its members.

  • R.S., 1985, c. 20 (4th Supp.), s. 5;
  • 1995, c. 40, s. 29;
  • 2014, c. 20, s. 450.
Marginal note:Head offices
  •  (1) The head offices of the Board and the Tribunal shall be in the National Capital Region, as described in the schedule to the National Capital Act.

  • Marginal note:Meetings

    (2) The Board may sit at such places in Canada as it considers appropriate and the Tribunal may sit at such places in Canada as may be specified by the Governor in Council.

  • Marginal note:Quorum

    (3) Three members of the Board constitute a quorum.

  • Marginal note:Staff and facilities

    (4) The Minister may provide the Board with any officers and employees from within the federal public administration and any facilities and professional advisers that are necessary for the proper conduct of the business of the Board.

  • R.S., 1985, c. 20 (4th Supp.), s. 6;
  • 1995, c. 40, s. 30;
  • 2003, c. 22, s. 224(E);
  • 2014, c. 20, s. 451.
Marginal note:Travel and living expenses — Board

 Each member of the Board is entitled to be paid

  • (a) an amount fixed by the Treasury Board for each day or part of a day that the member is performing duties under this Act unless the member is employed in the federal public administration; and

  • (b) reasonable travel and living expenses incurred by the member in the course of the member’s duties under this Act.

  • R.S., 1985, c. 20 (4th Supp.), s. 7;
  • 1995, c. 40, s. 31;
  • 2003, c. 22, s. 224(E).
Marginal note:Remuneration — Tribunal
  •  (1) Each full-time member of the Tribunal shall be paid such salary as is fixed by the Governor in Council and each part-time member of the Tribunal is entitled to be paid such fees or other remuneration for that member’s services as may be fixed by the Governor in Council.

  • Marginal note:Travel and living expenses

    (2) Each member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by the member in the course of the member’s duties under this Act.

  • 1995, c. 40, s. 31.
Marginal note:Courts of record
  •  (1) The Board and the Tribunal are courts of record and each shall have an official seal that shall be judicially noticed.

  • Marginal note:Examination of witnesses, etc.

    (2) In addition to the powers conferred by subsection (1), the Board and the Tribunal each have, with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of their orders and other matters necessary or proper for the due exercise of their jurisdiction, all such powers, rights and privileges as are vested in a superior court of record and, without limiting the generality of the foregoing, the Board and the Tribunal may each

    • (a) issue a summons requiring a person

      • (i) to appear at the time and place stated in the summons to testify to all matters within the person’s knowledge relative to any subject-matter before the Board or the Tribunal, as the case may be, and

      • (ii) to bring and produce any document, book or paper in the person’s possession or under the person’s control relative to that subject-matter;

    • (b) administer oaths and examine any person on oath; and

    • (c) during a hearing, receive such evidence as they consider relevant and trustworthy.

  • Marginal note:Rules

    (3) The Board and, subject to the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Tribunal may, with the approval of the Governor in Council, each make rules governing

    • (a) the practice and procedure in respect of hearings;

    • (b) the time and manner in which applications and notices must be made or given; and

    • (c) the work of the Board or the Tribunal, as the case may be.

  • Marginal note:Rules of evidence do not apply

    (4) Neither the Board nor the Tribunal is bound by any legal or technical rules of evidence in conducting any matter that comes before it, and each shall deal with matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.

  • Marginal note:Privileged evidence not receivable

    (5) Neither the Board nor the Tribunal shall receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.

  • R.S., 1985, c. 20 (4th Supp.), s. 8;
  • 1995, c. 40, s. 32.

Complaint to Board of Arbitration

Marginal note:Complaints against dealers
  •  (1) A dealer may, within the prescribed time, file with the Board a written complaint against a dealer licensed under this Act for failure to comply with the regulations relating to grades, standards or marketing of prescribed agricultural products in import, export or interprovincial trade.

  • Marginal note:Board to hear complaints

    (2) The Board shall hear a complaint and

    • (a) where it finds that the complaint is not well founded, the Board shall dismiss it;

    • (b) where it finds that the complaint is well founded, the Board shall make such order as it considers will provide adequate relief from the activity complained of, including, if necessary, an order for the payment of compensation and interest; and

    • (c) the Board shall give reasons for its decision where reasons are requested by any party to the proceedings.

Review

Marginal note:Application for review
  •  (1) A party to any complaint proceedings may apply to the Tribunal for a review of the decision of the Board in accordance with subsection (1.1), and the application shall be brought within thirty days after the Board made the decision or within such longer period as the Tribunal may allow, either before or after the expiration of the thirty days.

  • Marginal note:Nature of review

    (1.1) A review referred to in subsection (1) shall be based on the record of the Board’s proceedings and on the grounds of fairness, natural justice or error of law, but the Tribunal may hear evidence not previously available if it deems it necessary for the purposes of the review.

  • Marginal note:Disposition of review

    (2) After concluding a review referred to in subsection (1), the Tribunal may, by order, confirm the decision, make the decision that the Board should have made or direct that the Board re-hear the matter, and the Tribunal shall, in accordance with its rules, notify the parties of any order under this subsection.

  • R.S., 1985, c. 20 (4th Supp.), s. 10;
  • 1995, c. 40, s. 33.
 
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